Wisconsin 2023-2024 Regular Session Status: To Executive 6 R cosponsors

AB 398 — Relating to: participants in clinical research trials. (FE)

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Tony Evers (Democratic) on March 29, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

28 added · 52 removed

Plain-language change summary

The amendments made to Assembly Bill 398 clarify that individuals who participate in clinical research trials and receive payment or compensation will not be classified as employees of the organizations conducting the trials. This change is important because it means that money received from participation in these trials will not be subject to unemployment insurance contributions, which can impact how participants are treated under employment laws. Essentially, this amendment frees research organizations from certain financial obligations while encouraging participation in clinical research.

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- 2024 LEGISLATURE LRB-3974/1 MED:cdc ASSEMBLY BILL 398 September 6, 2023 - Introduced by Representatives G UNDRUM , ARMSTRONG , D ITTRIC, M URPHY, PENTERMAN , RETTINGER and S TEFFEN, cosponsored by Senators STROEBEL, BALLWEG and K NODL.
Date of enactment:
Referred to Committee on Health, Aging and Long-Term Care.
Assembly Bill 398 Date of publication*:
A N A CT to amend 102.07 (8) (a);
WISCONSIN ACT A N A CT to amend102.07 (8) (a);
Analysis by the Legislative Reference Bureau This bill provides that for the purposes of the minimum wage law and worker's compensation law an individual who is a participant in a clinical research trial and receives remuneration, a stipend, or compensation for participating in the trial is not an employee of the entity that conducts the trial.
The people of the state of Wisconsin, represented in 104.01(2) (b) 6.
The bill also provides that such participation is generally not considered covered employment under the unemployment insurance (UI) law.
Any individual who receives remu- senate and assembly, do enact as follows:
As a consequence, amounts paid by employers for such participation are not subject to UI contribution requirements and are not counted as base period wages for purposes of determining eligibility for UI benefits.
neration, a stipend, or compensation for being a partici- SECTION 1.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
102.07 (8) (a) of the statutes is amended pant in a clinical research trial.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
to read:
S ECTION 1.
SECTION 4.
102.07 (8) (a) of the statutes is amended to read:
108.02 (15) (ko) of the statutes is created 102.07 (8) (a) Except as provided in pars.
102.07 (8) (a) Except as provided in pars.
(b) and, to read:
(b) and, (bm), and (bw), every independent contractor is, for the purpose of this chapter, an employee of any - 2024 Legislature - 2 - LRB-3974/1 MED:cdc ASSEMBLY BILL 398 SECTION 1 employer under this chapter for whom he or she is performing service in the course of the trade, business, profession or occupation of such employer at the time of the injury.
(bm), and (bw), every independent contractor is, for the 108.02 (15) (ko) “Employment,” as applied to work purpose of this chapter, an employee of any employer for a given employer other than a government unit, an under this chapter for whom he or she is performing ser- Indian tribe, or a nonprofit organization, except as the vice in the course of the trade, business, profession or employer elects otherwise with the department’s occupation of such employer at the time of the injury.
SECTION 2.
approval, does not include participation, by an individual SECTION 2.
102.07 (8) (bw) An individual who receives remuneration, a stipend, or compensation for being a participant in a clinical research trial as described in s.
who receives remuneration, a stipend, or compensation, 102.07 (8) (bw) An individual who receives remu- in a clinical research trial.
108.02 (15) (ko).
SECTION 5.Initial applicability.
neration, a stipend, or compensation for being a partici- (1) The treatment of s.
108.02 (15) (ko) first applies pant in a clinical research trial as described in s.
108.02 (15) (ko) is not an employee of the entity conducting the to participation occurring on the effective date of this clinical research trial.
subsection.
of the statutes is created to read:
of the statutes is created SECTION 6.Effective date.
104.01 (2) (b) 6.
to read:
Any individual who receives remuneration, a stipend, or compensation for being a participant in a clinical research trial.
SECTION 4.
108.02 (15) (ko) of the statutes is created to read:
108.02 (15) (ko) “Employment," as applied to work for a given employer other than a government unit, an Indian tribe, or a nonprofit organization, except as the employer elects otherwise with the department's approval, does not include participation, by an individual who receives remuneration, a stipend, or compensation, in a clinical research trial.
SECTION 5.0Initial applicability.
(1) The treatment of s.
108.02 (15) (ko) first applies to participation occurring on the effective date of this subsection.
SECTION 6.0Effective date.
(END)
* Section 991.11,ISCONSINSTATUTES:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 3-29-2024

  4. Presented to the Governor on 3-26-2024

  5. Report correctly enrolled on 3-19-2024

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in

  9. Rules suspended to give bill its third reading

  10. Ordered to a third reading

  11. Read a second time

  12. Placed on calendar 3-12-2024 pursuant to Senate Rule 18(1)

  13. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  14. Available for scheduling

  15. Read first time and referred to committee on Senate Organization

  16. Received from Assembly

  17. Ordered immediately messaged

  18. Read a third time and passed

  19. Rules suspended

  20. Ordered to a third reading

  21. Decision of the Chair upheld, Ayes 63, Noes 35

  22. Decision of the Chair appealed

  23. Point of order that Assembly Substitute Amendment 1 not germane under Assembly Rule 54 (3)(f) well taken

  24. Assembly Substitute Amendment 1 offered by Representative Sinicki

  25. Read a second time

  26. Placed on calendar 2-20-2024 by Committee on Rules

  27. Referred to committee on Rules

  28. Report passage recommended by Committee on Health, Aging and Long-Term Care, Ayes 11, Noes 5

  29. Executive action taken

  30. LRB correction

  31. Public hearing held

  32. Fiscal estimate received

  33. Read first time and referred to Committee on Health, Aging and Long-Term Care

  34. Introduced by Representatives Gundrum, Armstrong, Dittrich, Murphy, Penterman, Rettinger and Steffen; cosponsored by Senators Stroebel, Ballweg and Knodl

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 125 not signed on · 25 voted No

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (125)

125 members have not signed on to this bill.

Show all 125 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SHALL THE DECISION OF THE CHAIR STAND

Passed 63 Yea · 35 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 44000
Democrat 02400
Unaffiliated 191100
Total 633500
% of votes cast 64%36%0%0%
How each member voted (98)
Member Party Vote
BALDEH — Nay
BINSFELD — Yea
BODDEN — Yea
BRANDTJEN — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
JOHNSON — Yea
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Yea
MICHALSKI — Yea
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Nay
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Yea
SCHUTT — Yea
SHANKLAND — Nay
SHELTON — Nay
SPEAKER — Yea
ANDERSON, J — Nay
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Clancy, Ryan Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Madison, Darrin Democrat Nay
McGuire, Tip Democrat Nay
Moore Omokunde, Supreme Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Ratcliff, Melissa Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Kitchens, Joel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors AB 398?
AB 398 is sponsored by Gundrum, Rick (Republican), Armstrong, David (Republican), Dittrich, Barbara (Republican), Murphy, David (Republican), Penterman, William (Republican), Rettinger, and Steffen, David (Republican).
What is the current status of AB 398?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 398?
Track AB 398 free on One Click Politics — get push/email alerts when it moves.

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